Inquiry ordered into 1989 Winchester murder

Lawyers for David Harold Eastman claim his 17 years behind bars for the murder of a Police Assistant Commissioner represents a bigger miscarriage of justice than Lindy Chamberlain's.

Transcript

STEVE CANNANE, PRESENTER: It was one of Australia's most notorious murders. A senior policemen shot dead in the driveway of his suburban home.

And now a new inquiry has been ordered into the conviction of the man found guilty of killing Federal Police Assistant Commissioner Colin Winchester in 1989.

David Harold Eastman has spent 17 years behind bars for the crime, but his lawyers believe his case is a bigger miscarriage of justice than Lindy Chamberlain's.

Lisa Mosley reports.

LISA MOSLEY, REPORTER: It was a murder that shocked the nation.

On 10 January 1989, Australian Federal Police Assistant Commissioner Colin Winchester was shot twice in the head as he parked his car outside his home in the Canberra suburb of Deakin.

Suspicions soon turned to former Treasury official David Harold Eastman. He'd argued with the police chief about an assault charge that was preventing him getting back into the public service. With few pieces of tangible evidence, Eastman was convicted of the police chief's murder in November 1995 and sentenced to life in jail.

MRS WINCHESTER: Finally, Colin can rest in peace knowing that the creaking wheels of justice will incarcerate his assassin.

DAVID HAROLD EASTMAN, MURDERER: I'm completely innocent.

LISA MOSLEY: Eastman has been working to clear his name ever since. After failed appeals to the Federal and High Court, today a new inquiry was ordered into Eastman's murder conviction. Justice Shane Marshall says he's satisfied there is doubt about Eastman's guilt.

He said:

(Extract from Eastman Inquiry)

"There is significant risk the conviction is unsafe because of the doubt. And it is in the interests of justice that the doubt be considered at an inquiry."

(End of extract)

Terry O'Donnell was Eastman's lawyer at the beginning of the trial back in 1995. He has come back from retirement to represent him once again.

TERRY O'DONNELL, BARRISTER: He has been in custody for 17 years for an offence that was almost certainly committed by others. It is hard to imagine a more significant injustice.

LISA MOSLEY: He believes the murder was an organised crime hit.

TERRY O'DONNELL: I think overall this is a more broadly based miscarriage of justice than occurred in Chamberlain. There was much more wrong with the investigation, much more wrong with the trial and the appeal process was deeply flawed.

LISA MOSLEY: Eastman's legal team has filed 19 grounds for review. They say they've got fresh evidence about gunshot powder which was central to the prosecution's case.

TERRY O'DONNELL: We've found a rifle which may in fact explain the presence of PMC ammunition in Mr Eastman's car.

LISA MOSLEY: He says Eastman's car was borrowed and used to go rabbit shooting. The ACT Attorney-General says Eastman is entitled to due process.

SIMON CORBELL, ATTORNEY-GENERAL: It is an important decision by the court and it will allow the issues that Mr Eastman is raising about his conviction to be properly tested through an independent inquiry.

LISA MOSLEY: The ACT's Chief Justice will now appoint a judge or magistrate to head the inquiry.

Lisa Mosley, Lateline.

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